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Midland funding

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vmoore0607
New Contributor

Midland funding

I sent a DV letter to them about a collection on hubby's CR. I have to ch ck the date but they are updating the CR and sending us letters asking us to verify the debt isn't his. Can they do this? The only thing they sent us regarding the debt is a printout from their screen showing how much we owe and the OC. I hate this company with a passion. Any ideas on my next step? OC was T mobile

Also, hubby has a cow ruin from Pinnacle. OC was Verizon. Both are on the CR. Can I get one removed? I've tried paying Verizon but no go.
Message 1 of 11
10 REPLIES 10
Imperfectfuture
Super Contributor

Re: Midland funding

Do search in this forum for t mobile and cramming. Apparently, AT&T did this also, but I didn't have a problem, and am still with them.

It's why they are asking you to verify the account for them. I don't remember the details, but you can find everything you need here.
Signature needs updating
Message 2 of 11
vmoore0607
New Contributor

Re: Midland funding

I'm laughing at cow ruin ^ lol
Apparently up at 4 am and spellcheck do not work.

They just want more information from us as to why we are asking for validation.
Message 3 of 11
Pigeyex
Frequent Contributor

Re: Midland funding


@vmoore0607 wrote:
I sent a DV letter to them about a collection on hubby's CR. I have to ch ck the date but they are updating the CR and sending us letters asking us to verify the debt isn't his. Can they do this? The only thing they sent us regarding the debt is a printout from their screen showing how much we owe and the OC. I hate this company with a passion. Any ideas on my next step? OC was T mobile

Also, hubby has a cow ruin from Pinnacle. OC was Verizon. Both are on the CR. Can I get one removed? I've tried paying Verizon but no go.

This is azz-backwards.  The burden of proof is on THEM to verify that the debt IS your husband's; not on him to verify that it's NOT.

 

 

Pigeye

_________________________________________________________

2007 - 2010 low point: mid-500s

With the help of myFICO community, now: 714 EQ FICO

"At the end of every hard-earned day, people find some reason to believe." (Bruce Springsteen)
Message 4 of 11
Anonymous
Not applicable

Re: Midland funding


@Pigeyex wrote:

@vmoore0607 wrote:
I sent a DV letter to them about a collection on hubby's CR. I have to ch ck the date but they are updating the CR and sending us letters asking us to verify the debt isn't his. Can they do this? The only thing they sent us regarding the debt is a printout from their screen showing how much we owe and the OC. I hate this company with a passion. Any ideas on my next step? OC was T mobile

Also, hubby has a cow ruin from Pinnacle. OC was Verizon. Both are on the CR. Can I get one removed? I've tried paying Verizon but no go.

This is azz-backwards.  The burden of proof is on THEM to verify that the debt IS your husband's; not on him to verify that it's NOT.

 

 

Pigeye


Actually, no its not. There is no 'burden of proof' regarding Debt Validation. It is simply verifying that their numbers and names match what the OC has for the debt. "Burden of Proof" is something for a courtroom and judge to decide upon.

When they are asking you to 'verify the debt isn't yours', they are essentially asking you if you believe you are a victim of ID theft or not.

Message 5 of 11
RobertEG
Legendary Contributor

Re: Midland funding

Or possibly your DV was worded such that it could be interpreted as a direct dispute under FCRA 623(a)(8) of the accuracy of their reporting.

 

It is permissible, under the direct dispute rules (16 CFR 660.4(f)) to request additional information if deemed necessary to investigate a dispute.

However, requesting debt validation under the FDCPA does not require the consumer to document an actual error.

 

If their response included a statement that they have obtained verification from the OC of the debt, it would most likely comprise adequate verification.

If it only provided the name of the asserted OC, that would not be a statement that they have investigated and obtained verification.

 

If you consider their letter to not be adequate verofication of the debt, then it is not, in and or itself, a violation of anything.  It is simply a lack of validation of the debt, which would mean from your perspective that they remain under a cease collection bar, and not that they have violated the FDCPA by not providing adequate validation of by requesting addtional info.

 

Was it clear that your letter was only a requet for debt validation, and not a direct dispute?

If so, you could choose to respond by informing them that your prior letter was not a direct dispute, and you they have no basis to require any additional documentation related to the asserted debt.  Remind them that they remain under a cease collection bar, and continue to wait for validation.......

Message 6 of 11
Pigeyex
Frequent Contributor

Re: Midland funding


@RobertEG wrote:

Or possibly your DV was worded such that it could be interpreted as a direct dispute under FCRA 623(a)(8) of the accuracy of their reporting.

 

It is permissible, under the direct dispute rules (16 CFR 660.4(f)) to request additional information if deemed necessary to investigate a dispute.

However, requesting debt validation under the FDCPA does not require the consumer to document an actual error.

 

If their response included a statement that they have obtained verification from the OC of the debt, it would most likely comprise adequate verification.

If it only provided the name of the asserted OC, that would not be a statement that they have investigated and obtained verification.

 

If you consider their letter to not be adequate verofication of the debt, then it is not, in and or itself, a violation of anything.  It is simply a lack of validation of the debt, which would mean from your perspective that they remain under a cease collection bar, and not that they have violated the FDCPA by not providing adequate validation of by requesting addtional info.

 

Was it clear that your letter was only a requet for debt validation, and not a direct dispute?

If so, you could choose to respond by informing them that your prior letter was not a direct dispute, and you they have no basis to require any additional documentation related to the asserted debt.  Remind them that they remain under a cease collection bar, and continue to wait for validation.......


Yeah, what he said ^^^^, lol. 

_________________________________________________________

2007 - 2010 low point: mid-500s

With the help of myFICO community, now: 714 EQ FICO

"At the end of every hard-earned day, people find some reason to believe." (Bruce Springsteen)
Message 7 of 11
vmoore0607
New Contributor

Re: Midland funding

IMG_3482.jpg

 

 

This was the validation that I received from them. I had Midland on my CR. I sent a DV letter. My husband must've disputed with CB. Ughhhh

 

This is the letter that came with the validation print off.

 

 

Message 8 of 11
vmoore0607
New Contributor

Re: Midland funding

IMG_3485.jpg

Message 9 of 11
vmoore0607
New Contributor

Re: Midland funding

Should I just call them at this point to try to resolve this? By the way, I called the CB. They said the info was disputed because Midland gave all info to them as far as hubby's identification. The only thing missing was his birthdate. What needs to be validated before a CRA has to remove it?

Message 10 of 11
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